Female parking attendant files for bankruptcy
A Stolen Identity and a Lost Car: A Story of Woes
KUALA LUMPUR: A woman worker at KL Sentral claims her identification card was stolen, leading to the purchase of a Toyota Estima on her name - and now, she's bankrupt. Halimaton Din, 41, a mother of five, wept outside the court as her case was dismissed without suspension by Assistant Registrar Zaitun Anuar.
When asked by the press, Halimaton revealed that Assistant Registrar Zaitun Anuar had advised her to find a lawyer. Muhammad Fahmi Mat Radzi, representing Bank Muamalat Malaysia Berhad, stated that the bank had filed a petition against Halimaton, seeking RM167,170.11 since February 19, 2008.
This demand relates to the purchase of a Toyota Estima 2.4, which Halimaton claims was purchased by someone else using her stolen ID. The children of Halimaton, aged between three months and 20 years, witnessed their mother in tears.
When asked about her previous encounters with a lawyer, Halimaton said that the lawyer demanded RM400, but she couldn't afford it. "I do have that amount, but I can't. Just wait and see how it turns out. Maybe I'll get a different lawyer," she said, wiping away tears.
Halimaton stated that the police have only said they are investigating the matter after her report was made. On December 18, 2007, Halimaton filed a police report claiming that her identity had been used to purchase a vehicle, despite her not having a driving license, and receiving a traffic ticket. This information was first reported in the press on October 24, 2006[6].
Beware of Fraudulent Car Loans and Identity Theft
In Malaysia, laws pertaining to car loan liability and stolen identity cases involve complex legal and financial considerations.
When someone's identity is stolen and used to secure a car loan, the question of liability arises. Generally, the victim is not automatically liable for the debt since the contract wasn't genuinely entered into. Identity theft is a criminal offense, and the victim should report the fraud to both authorities and the financial institution involved.
When a loan is granted without proper authentication, the borrower (victim) can challenge the enforceability of the loan agreement. If a person is declared bankrupt due to debts incurred fraudulently in their name, they should seek legal advice to prove the debt was not theirs.
In cases of identity theft, victims should report the situation to the police and credit reporting agencies, dispute the loan with the lender, seek legal assistance to challenge any bankruptcy or debt claims, and possibly file a civil claim against the perpetrator of the fraud. Note that motor insurance policies generally do not cover fraudulent loans, and financial regulations require proper verification and compliance[1][2][3][4].
- This incident serves as a stark reminder for the public to be vigilant about general-news issues such as identity theft, especially when it comes to car loans, given the complexity of legal and financial considerations involved.
- The dismissed case of Halimaton Din, a victim of identity theft leading to a fraudulent car loan, underscores the need for stringent crime-and-justice measures to protect citizens from such financial woes and ensure the enforceability of loan agreements is thoroughly investigated.
